Special Counsel on Insurrection Urges Swift Decision on 'Recusal Requests' by Yoon Seok-yeol and Others, Citing 'Clear Intent to Delay'

"Concerns Over Evidence Contamination Due to Prolonged Trial"

On May 18, the special investigation team led by Cho Eun-seok urged the court to make a prompt decision regarding the recusal requests filed against the appellate court panel handling the insurrection case of former President Yoon Seok-yeol and three others.

Former President Yoon Sukyeol. Photo by Seoul Central District Court, Yonhap News Agency

Previously, on May 13, the legal team representing former President Yoon submitted a motion to recuse the 12-1 Criminal Division (Presiding Judges Lee Seung-chul, Cho Jin-gu, and Kim Min-a) of the Seoul High Court, which is in charge of the appellate trial for the alleged mastermind of the insurrection. Former Defense Minister Kim Yong-hyun and former Director of the Defense Security Command Noh Sang-won, who were indicted together with Yoon, also filed recusal requests against the same panel.

They argued that a fair trial could not be expected, as this panel had previously convicted former Prime Minister Han Duck-soo, who was charged as an accomplice in the case.

In response, the special investigation team stated, "Issuing a guilty verdict to an accomplice cannot, in itself, constitute grounds for recusal," and pointed out that the motions were "clearly aimed at delaying the proceedings." The team requested an immediate summary dismissal, but the court panel refused, citing the need to maintain procedural legitimacy.

The special investigation team also expressed concern about the significant delays to the trial caused by the recusal requests. As of May 18, recusal motions had also been filed by Hwang Kyo-ahn, charged with incitement to insurrection, and Choi Sang-mok, charged with dereliction of duty. As the appeal and objection procedures continue, the trials have been suspended for 162 days and 158 days, respectively, since the indictments were filed.

The team pointed out that the Special Act on Insurrection strictly stipulates trial periods of six months for the first trial and three months each for the second and third trials. They further emphasized, "Given the legislative intent of the Special Act on Insurrection and the Special Court for Insurrection, the need for fairness among defendants, and the ongoing national and social confusion resulting from prolonged trials, the recusal requests must be prioritized and handled swiftly ahead of other cases."

This content was produced with the assistance of AI translation services.